Social Protection Reinforcement
Code: 100492 ECTS Credits: 6| Degree | Type | Year |
|---|---|---|
| 2500258 Labour Relations | OT | 4 |
Contact
- Name:
- Miguel Arenas Gomez
- Email:
- miguel.arenas@uab.cat
Teaching groups languages
You can view this information at the end of this document.
Prerequisites
In order to correctly follow this subject, it is necessary to have previously passed the subjects "Social Security Law I" and "Social Security Law II", since both offer basic training in relation to the legal framework of the basic institutions of the Spanish Social Security system, without which the issues dealt with in the subject cannot be properly understood or analysed.
The teaching of the subject will be taught taking into account the perspective of the Sustainable Development Goals.
Objectives and Contextualisation
The objective of this subject is to delve into the most specific mechanisms of Social Protection and the knowledge and understanding of the legal institutions that are part of the Social Security system (Peculiarities of the Regimes, systems and special collectives, the protection of the dependency, family and health and other instruments not previously studied, such as the special agreement and Complementary Social Security).
Competences
- Advising and managing in terms of social security, social welfare and complementary social protection.
- Applying the information and communication technologies to the different areas of action.
- Carrying out representation and negotiation roles in several fields of the industrial relations.
- Consulting and managing in terms of employment and labour recruitment.
- Drawing up and formalising reports and documents.
- Preparing, drawing up and formalising the general written documents in administrative and judicial processes.
- Recognising the issues related to labour market, social security, and the implementation of legislation and jurisprudential criteria to the assumptions shown in practice.
- Technically representing the people or entities of the administrative, fiscal, and procedural fields, and also of defence in labour courts.
- Working autonomously.
- Working effectively in teams.
Learning Outcomes
- Applying the information and communication technologies to the different areas of action.
- Classifying the basic institutions of employee representation in a company.
- Describing regular processes and special processes.
- Describing the assumptions of subjective and objective modification of industrial relations.
- Drawing up and formalising reports and documents.
- Explaining the employment contract and its variations.
- Identifying the mechanisms and institutions with complementary social protection.
- Knowing the techniques of the procedural methods to the different jurisdictions.
- Solving the practical issues related with suspension and extinction of industrial relations by applying the legislation and jurisprudence.
- Solving the problems related to the suspension and extinction of industrial relations.
- Working autonomously.
- Working effectively in teams.
Content
TOPIC 1. INTRODUCTION. THE DUAL SOCIAL SECURITY SYSTEM.
1.- Did special systems and special regimes converge into two regimes?
2.- Statistical data and their impact on social security benefits.
3.- The reciprocal calculation of contributions. The overlapping of contributions. Effects.
TOPIC 2. SPECIAL SOCIAL SECURITY SYSTEMS. GROUPS WITH SPECIALTIES.
1.- The special system: Concept. Current systems.
2.- The special system for domestic workers. The reform of RD Law 16/2022.
3.- The special agricultural system of the general Social Security regime (SETACA).
4.- Other special systems: Resin industry, extraordinary catering services, fresh tomato handling and packaging tasks carried out by exporting harvesters, permanent discontinuous workers who provide their services in film exhibition companies, dance halls, discotheques and nightclubs, handling and packaging tasks of fruit and vegetables and preserves, surveyors of market and public opinion research companies.
5.- Special groups
5.1: Members of Cooperatives and SAL
5.2: Social Security protection in prison work.
TOPIC 3. SPECIAL SOCIAL SECURITY SCHEMES
1.- Structure of the contributory level of the system: The Special Regimes. Concept. 2.- The Special Regime for Self-Employed Workers (RETA):
2.1: Scope of application.
2.2: Affiliation, registrations and cancellations.
2.3: Contribution and Collection.
2.4: Protective action.
2.5: Brief reference to the "special system" for self-employed agricultural workers (SETA).
3.- Other special regimes:
3.1: Coal mining.
3.2: Mar.
3.3: Civil servants. Real duality. The Passive Class Regime. Special reference to retirement.
3.4: Students: School insurance.
4.- Integrated special regimes:
4.1: Trade representatives.
4.2: Artists who carry out their activity in the performing, audiovisual and musical arts, as well as people who carry out activities, techniques or auxiliaries necessary for the development of said activity.
4.3: Bullfighting professionals.
4.4: Other integrated groups: Railway workers and professional footballers.
TOPIC 4. OTHER SOCIAL PROTECTION BENEFITS: DEPENDENCY, ALTERATION OF HEALTH AND PROTECTION OF THE FAMILY.
1.- Care for people in a situation of dependency: Law 39/2006.
1.1: The system for Autonomy and the situation of dependency.
1.2: Benefits and services of the system.
1.3: Valuation and recognition of the right. The Individual Care Program. Its relationship with other "analogous" benefits, (Severe Disability, etc...)
2.- Alteration of Health and Health Care.
2.1: Concept and configuration.
2.2: Beneficiaries.
2.3: Content and dynamics of the service.
2.4: Management.
3.-Protection of the family. Concept and configuration:
3.1: Contributory family benefits.
3.2: Non-contributory family benefits.
TOPIC 5. OTHER GROUPS WITH SPECIALTIES.
1.- The work of foreigners and migrant workers.
2.- Part-time work. The evolution of the regulations and the necessary protection to "reduce" indirect discrimination on the basis of gender in line with the doctrine of the CJEU.
2.1: Affiliation, registrations and cancellations.
2.2: Contribution.
2.3: Benefits.
2.4: Permanent discontinuous workers.
3.- The Special Agreement with Social Security:
3.1: Common Concept and Provisions.
3.2: Subscription.
3.3: Contribution.
3.4: Suspension and termination.
3.5: Modalities.
4.- The (mis)protection of people with disabilities. Special reference to international regulations.
TOPIC 6. COMPLEMENTARY SOCIAL SECURITY.
1.- Complementary public social security. Concept and classes: Social Assistance and Social Services.
2.- The Minimum Vital Income (IMV). The repeal of the Active Insertion Income (RAI) and its transition to the IMV.
3.- Complementary public social security in Catalonia. The Guaranteed Income of Citizenship (RGC):
3.1: Entry requirements.
3.2: Its necessary coordination and complementarity with the IMV.
3.3: The RGC as a complement to other public benefits, especially PNC and unemployment benefit.
4.- Special protection of Victims of Gender Violence and Victims of trafficking for the purpose of sexual exploitation.
5.- Private Supplementary Social Security: Concept and characteristics:
5.1: Voluntary improvements in social security: Concept, types and legal rules. Collective bargaining. Outsourcing.
5.2: Pension plans and private pension funds.
5.3: Occupational Pension Plans. Law 12/2022: the path to the privatisation of the public pension system?
5.4.-Alternative Social Security Mutual Societies. Special reference to the current problem: the lawers and the possible gateway to the RETA.
Activities and Methodology
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| TEORIC CLASSES | 22 | 0.88 | |
| Type: Supervised | |||
| PRACTIC CLASSES | 22 | 0.88 | 1, 11, 12 |
| Type: Autonomous | |||
| STUDY | 106 | 4.24 | 1, 4, 10, 11 |
The learning process of students within the framework of this subject will be organized based on the three types of training activities that are set out below:
1. DIRECTED ACTIVITIES
Directed activities are all those that take place in the classroom, at the times set for the subject and under the direction of the teaching staff. They consist of the presentation by the teaching staff of various aspects of the syllabus, based on the applicable regulations and the schemes that will have previously been provided through the Teaching Space of the subject within the Virtual Campus. For the correct follow-up of the theoretical classes, it is essential that all students have a duly updated compilation of social security regulations during the theoretical classes, and whose link we have provided in the "Bibliography" section. An updated edition of the Workers' Statute will also be needed.
2. SUPERVISED ACTIVITIES
The supervised activities will involve the completion of a series of tasks of different formats that will be carried out outside or inside the classroom, but which are subsequently subject to supervision and verification through the classroom work proposed within the framework of the same activity: viewing and commenting on films related to the topic, identification and study of the regulatory framework of a given institution, reading and understanding of jurisprudence, research of bibliographic sources, calculations of contributions and benefits, presentation by students of the resolution of previously proposed practical cases, etc. In some cases, the objective of the practical activities will be to delve into aspects analyzed within the framework of the theoretical classes and in others to deal with new issues, which will not have been addressed before in that context.
They will consist of the execution of 3practical activities, each of which includes pre- and post-classroom work and face-to-face work in the classroom. The three activities will end with an evaluation consisting of the resolution of a practical case in writing and/or oral presentation, for which all the legislation and reference material that the student considers necessary (manuals, notes, etc.) will be available.
The previous work and practical activities in which it is indicated may be carried out in a group. The resolution of the assessable practical cases will be executed individually, in all cases.
The approach to the practical activities will be carried out based on the assumptions that will be presented in class by the teaching staff.
3. AUTONOMOUS ACTIVITIES
Autonomous activities are all those in which students organize their time and effort autonomously, either individually or in groups, such as research and study of bibliography, the preparation of diagrams or summaries, search for documentation and jurisprudence, etc. Within the framework of this subject, the essential part of the autonomous activities is linked to the monitoring of the theoretical classes, the preparation of the final theoretical exam, and the preparation and realization of the proposed supervised practical activities.
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Assessment
Continous Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| EVALUATION ACTIVITIES OF TWO PRACTICAL CASES | 30 PER CENT | 0 | 0 | 1 |
| PARTICIPATION, ASSISTANCE AND PRESENTATION OF WORK | 20 PER CENT | 0 | 0 | 1, 2, 4, 5, 7, 9, 10, 11, 12 |
| TEORIC EXAM | 50 PER CENT | 0 | 0 | 3, 6, 8, 11 |
EVALUATION AND GRADING SYSTEMS
1.- ORDINARY: combines the continuous evaluation of practical activities, the consolidation and understanding of theoretical and practical knowledge and the resolution of a theoretical final exam. All students enrolled in the subject will be able to take advantage of this system. The maximum grade for the subject is 100 points, which are broken down below.
1.1 Continuous evaluation of practical classes. (supervised activities)
a/ Requires submitting the documentation indicated in each case and solving the proposed evaluable activities in the classroom. The following will be weighted: the presentation of the works proposed by the teaching staff responsible for the internship, as well as their quality and effort in their preparation: 10 points maximum.
b/ Weights attendance, attitude in class and participation: 10 points maximum.
c/ Three assessment activities consisting of the resolution of two practical cases and an individual oral presentation in the classroom, in which students will have access to current legislation and the reference material they consider necessary. These activities will be carried out on the days set in the schedule that will be exhibited on the Virtual Campus. 10 points will be calculated for each practical activity, which means a total of 30 points maximum.
Not assessable. Students will be evaluated as long as they have carried out a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade of the subject. If the value of the activities carried out does not reach this limit, the teaching staff of the subject may consider the student as "not assessed".
1.2 Theoretical final exam to be held on the dates set in the academic calendar. All students enrolled in the subject may take this exam. It will consist of 10 short questions, all of them related to the subjects contained in the program of the subject. Each of the questions in the exam will be graded from 0 to 5points. The maximum grade will be 50 points. Three blank questions or with a totally wrong answer mean the failure of the exam. In this case, the maximum final grade of the subject will be 4.
To pass the subject, the following circumstances must be met jointly and simultaneously:
.-That the sum of all the evaluation activities reaches at least 25 points.
.-To have passed the final theoretical exam, which means to have obtained a minimum grade of 25 points in this test and not to have left three questions blank or poorly answered in their entirety.
The final grade of the subject will be obtained from the sum of all the evaluable activities indicated divided by 10, an operation to which only students who have passed the final theoretical exam under the conditions described above will be entitled (25 points minimum and have not left three questions blank or answered totally wrongly). In other cases, as indicated, the student's maximum grade will be 4 and he/she must take the repeat assessment exam under the conditions detailed below.
2.- REPEAT ASSESSMENT SYSTEM
The following may benefit from this system:
a/ Students who have not passed the ordinary system described above, or who have not taken the ordinary theoretical exam. They may choose between maintaining the grade obtained through the practical evaluation system, in which case they will only have to take the theoretical exam or retake the entire subject.
b/ Students who have not taken the ordinary evaluation system, who will have to take the three evaluation tests planned.
The repeat assessment system is based onthe resolution of an exam that willconsist of two parts:
2.1 A theoretical part that will consist of the resolution of 10 short questions, all of them related to the subjects contained in the syllabus of the subject. Each of the questions in the exam will be graded from 0 to 5 points. The grade for this part will be obtained from the sum of the total score obtained in each question, with a maximum of 50 points. This part of the exam will have a value of 50% of the final grade. When the grade of the theoretical final exam is less than 25, the final grade of the subject will be failed. Three blank questions or with a totally wrong answer mean the failure of the exam. In these cases, the maximum final grade will be 4.
2.2 A practical part that will consist of the resolution suitably based on law, of a practical case with the thematic content corresponding to the subject matter under examination. For the resolution of this part, only a collection of labour and Social Security regulations, calculator and calendar may be available as support material. This part of the exam will have a value of 50% of the grade. The maximum grade to be obtained is 50 points.
The final grade of the subject will be obtained from the sum of the grade of the sum of the two tests described divided by 10, an operation that only students who have passed the final theoretical exam in the previous conditions described (25 points minimum and have not left three questions blank or answered totally wrongly) will be entitled. In other cases, as indicated, the maximum grade of the student will be 4 and will result in the failure of the subject. Nor will students who, adding the grade obtained in the theoretical and practical exams, do not reach 50 points, will pass the subject. In this case, the maximum final grade will be 4.
The previous rule has the following exception: When the joint grade obtained exceeds 50 points, but the final grade of the theoretical exam is 25, the final grade of the subject will be 5, without the average being necessary.
3.- DATES OF THE EXAMS
The dates of the final theoretical exam and the retake test will be those determined by the Faculty of Law.
For the rest of the evaluable activities, in each teaching group the specific date or week of the evaluable activities will be published on the virtual campus, without prejudice to the fact that, exceptionally and due to force majeure, they may be modified with sufficient notice and advance.
4.- REVIEW PROCEDURE
The correction and grade, both of the two assessable practical cases and of the consolidation and comprehension test, may be reviewed. upon request of the interested students, on the date set by the responsible teacher.
To carry out the revision of the theoretical final exam and/or the repeat assessment test, a date will be set by the teacher in charge, which will be communicated sufficiently in advance to the interested students.
5.- CALLS
The number of calls is established in the regulations of permanence.
Both the final exams and the subsidiary exams, taking and failing or withdrawing after the questions have been communicated, implies exhausting the call.
6.- SINGLE ASSESSMENT
- Theoretical exam with 10 questions and practical case with various assumptions related to the program of the subject.
- The theoretical exam will account for 50% of the final grade. The practical case will account for 50% of the final grade.
- Retake: The same retake system will be applied as for continuous assessment.
- The same "non-assessable" criterion will be applied as for continuous assessment.
7.- FRAUDULENT CONDUCT
Students who cheat or attempt to cheat in an exam will have a 0 in the subject and will lose the right to repeat assessment. Students who present a practice in which thereare indications of plagiarism or who cannot justify the arguments of their practice will obtain a 0 and will receive a warning. In case of repetition of the behavior, he/she will fail the subject (0) and will lose the right to retake. There will be a special focus on the use of AI, especially for Chat GPT. Its use is not prohibited, but the teacher demands a clear supervision of the students in the answers they offer. Therefore, if it is used to "copy and paste" answers, it will be understood that it is an assumption equivalent to plagiarism, with the same consequences.
Bibliography
1. BIBLIOGRAPHY
BASIC BIBLIOGRAPHY
- GORELLI HERNÁNDEZ, JUAN; RODRÍGUEZ RAMOS, MARÍA JOSÉ; VÍLCHEZ PORRAS, MAXIMILIANO: Sistema de Seguridad Social, Tecnos.
- COLLADO GARCÍA, LUÍS; ROMERO RODENAS, Mª JOSÉ Y TARANCON PEREZ, ENCARNA: Manual de Prestaciones Contributivas del Régimen General de la Seguridad Social (edición actualizada febrero 2024) Editorial Bomarzo.
COMPLEMENTARY BIBLIOGRAPHY (RECOMMENDED)
- ALARCON CARACUEL, MANUEL RAMÓN; GONZALEZ ORTEGA, S.: Compendio de SeguridadSocial, Tecnos.
- ALMANSA PASTOR, JOSE MANUEL: Derecho de la Seguridad Social, Tecnos
- ALONSO OLEA, MANUEL; TORTUERO PLAZA, JOSE LUIS: Instituciones de Seguridad Social, Civitas
- DE LA VILLA GIL, LUIS ENRIQUE, DESDENTADO BONETE, AURELIO: Manual de Seguridad Social, Aranzadi, Pamplona
- BLASCO LAHOZ, JOSE FRANCISCO: “Curso de Seguridad Social I. Parte General”, Tirant lo Blanc
2. WEB LINKS
https://www.seg-social.es/wps/portal/wss/internet/Inicio
https://dretssocials.gencat.cat/ca/inici
https://www.misitiosocial.com/
https://miguelonarenas.blogspot.com/
https://ignasibeltran.com/seguridad-social/
https://www.portalclasespasivas.gob.es/sitios/clasespasivas/es-ES/Paginas/inicio.aspx
3. UPDATED REGULATIONS
Code of Social Legislation: https://www.boe.es/biblioteca_juridica/codigos/codigo.php?id=039_Codigo_de_Legislacion_Social&tipo=C&modo=2
Labour and Social Security Code:https://www.boe.es/biblioteca_juridica/codigos/codigo.php?id=093_Codigo_Laboral_y_de_la_Seguridad_Social_&tipo=C&modo=2
Self-employment:https://www.boe.es/biblioteca_juridica/codigos/codigo.php?id=267_Trabajo_Autonomo&tipo=C&modo=2
Software
Does not apply
Language list
| Name | Group | Language | Semester | Turn |
|---|---|---|---|---|
| (PAUL) Classroom practices | 1 | Spanish | second semester | morning-mixed |
| (PAUL) Classroom practices | 51 | Spanish | second semester | afternoon |
| (TE) Theory | 1 | Spanish | second semester | morning-mixed |
| (TE) Theory | 51 | Spanish | second semester | afternoon |